Ben Sellers: Duty of Care

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I don’t think it’s an outrageous suggestion that the Labour Party and other institutions of the Labour movement have some kind of a ‘duty of care’ for it’s members. I’m also going to suggest that, as a movement, we have a moral duty to protect, defend and support those who are picked off, bullied and witch-hunted, irrespective of the finer details of any disagreements we might have with them. Recently, one of the members of our Red Labour group has had their suspension rescinded, without an apology or explanation. We’ve seen the Labour members in Wallasey exonerated and countless examples of members who have had no information on their exclusions and suspensions, who have spent months in limbo. Some have even become notorious by their suspensions. I’m thinking of friends who have been abused in the street, shouted and spat at, have had lies told about them in the local and national press. But if they are ‘pardoned’, if things are swept under the carpet, is that all ok? Is it ‘natural justice’ to be defamed, to have been caused mental and even physical distress? Is that a situation we can tolerate and a party we can be proud of? I think not.

Recently, one of the members of our Red Labour group has had their suspension rescinded, without an apology or explanation. We’ve seen the Labour members in Wallasey exonerated and countless examples of members who have had no information on their exclusions and suspensions, who have spent months in limbo. Some have even become notorious by their suspensions. I’m thinking of friends who have been abused in the street, shouted and spat at, have had lies told about them in the local and national press. But if they are ‘pardoned’, if things are swept under the carpet, is that all ok? Is it ‘natural justice’ to be defamed, to have been caused mental and even physical distress? Is that a situation we can tolerate and a party we can be proud of? I think not.

I’m also going to suggest that, as a movement, we have a moral duty to protect, defend and support those who are picked off, bullied and witch-hunted, irrespective of the finer details of any disagreements we might have with them. Recently, one of the members of our Red Labour group has had their suspension rescinded, without an apology or explanation. We’ve seen the Labour members in Wallasey exonerated and countless examples of members who have had no information on their exclusions and suspensions, who have spent months in limbo. Some have even become notorious by their suspensions. I’m thinking of friends who have been abused in the street, shouted and spat at, have had lies told about them in the local and national press. But if they are ‘pardoned’, if things are swept under the carpet, is that all ok? Is it ‘natural justice’ to be defamed, to have been caused mental and even physical distress? Is that a situation we can tolerate and a party we can be proud of? I think not.

You see, much of this vile treatment has a political root: huge parts of it are caused by nasty, vindictive and bitter people within the party machine and local officials and “representatives” with a sense of entitlement which means that they think it’s ok to screw anyone over to preserve their power.

All this is done with impunity in “our” Labour Party, yet it has done untold damage to people’s reputation and people’s mental health. And while the blame lies firmly with these bitterites, whose goal it is to punish those responsible for taking their ball away, there’s something else going on: for what has “our side” of the party done about it? Mostly kept quiet, with some going even further – actively helping the people who are doing this to our comrades. Is this, in turn, acceptable? No, of course it isn’t – but some people, supposedly socialists, have made a Faustian pact to rid them of a temporary problem. Sod the long-term damage, there’s a scrap to win. I can’t think of a more disastrous strategy. That ‘duty of care’ extends to everyone who has taken part in this ‘revolution’. It’s not “owned by one, privileged group. It’s all of ours – and it’s not anyone’s to throw away.

Ben Sellers

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The disaster that is the Compliance Unit and the disciplinary (non) process carries on unabated. We have unnecessary suspensions (even where there was evidence of unsavoury words to simply suspend someone is ludicrous – at most all that was and is needed is a letter asking that the member desists – if they don`t then a warning letter).

But what is especially appalling is that the NEC knowingly allow the trust given them to use immediate suspension for an individual in extreme circumstances: of real threat to an individual or the reputation of the Party – for this mechanism to be used for thousands and thousands of members. And this is an abuse of power, and the irony that it abuses members is not lost on us. Not to mention the irony that by this (non) process the reputation of the Party has been, and continues to be damaged. It is unbelievable that the Party for justice and fairness is guilty of meting out such treatment, and even when known, continues and cannot be stopped.

Then when the catalogue of errors comes to light the Party tries to cover its butt by LIFTING suspensions BUT issuing a Warning letter -EVEN THOUGH NO INVESTIGATION OCCURRED AND THE INDIVIDUAL DISPUTES THE ALLEGATION. So we advised people to not accept the warning. Not only did the Party drag on the (non) investigations for month after month after month, failing to send alleged evidence to those they suspend, then not allowing a participatory investigation, then sending warning letters, then refusing to acknowledge a letter refusing the warning letter, then also refusing any appeal, they do all this to cover their own butt disregarding the effect on members and with absolutely no respect for due process or natural justice. AND IT STILL CONTINUES.

We have laughed and cried at the same time at the manner and attitude of the NEC regarding this (non) process. The damage it has caused many individuals mentally and emotional is shocking.

Now they have stopped sending out Warning letters and have started blackmailing individuals. Same situation but not a warning letter but telling them we are lifting your suspension but only if you sign a Pledge. The Pledge is:

Member’s Pledge:

I pledge to act within the spirit and rules of the Labour Party in my conduct both on and offline, with members and non-members and I stand against all forms of abuse. I understand that if found to be in breach of the Labour Party policy on online and offline abuse, I will be subject to the rules and procedures of the Labour Party
This is so Wooley and allows the NEC to interpret abuse how it wants. And if it does that in the manner it has to date then more damage will be done to the Party by them. BUT what is worse is that they are sending this out as a blackmail condition, so changing the contract between some members and an unincorporated org (the party) but not for ALL members. And if anyone signs this on that basis when they are ALREADY a member (and so already in contract as per the rules like any other member) then they will be in effect allowing the Party to get away with branding them guilty – otherwise why else would the party demand they sign it? NO. Yet again Iain McNicol shows no regard for due process or natural justice. Members WILL NOT SIGN THIS!!

As for the interpretation and definition of abuse – clearly that must now be looked at – and most definitely a written definition of abuse, and it must be equitable. As it stands if a member calls an MP who took part in the attempted coup (something they did in such a disgusting manner by back room conspiring and linking with MSM rather than legitimately in an acceptable manner openly within the party) a BLAIRITE traitor then they are deemed such a threat that they are instantly suspended, BUT if you say how you could easily beat a party member physically, so long as , to the best of your knowledge you do it privately, even if it then becomes public, you are not guilty of abuse.

If the party wants to find you guilty they will manipulate and distort so called evidence to point that way, BUT if they want to find you innocent, likewise they will manipulate and distort, using different criteria, to find you innocent. WOW. When they want to find you innocent they say `the context of how those comments were made, both her emotional state at the point the offending comments were made and who she was making the comments to, must be taken into account.` and we find ` we do not believe that Ms X is in clear breach of rule 2.I.8. As such, the Labour Party considers this matter closed. BUT if you call someone a blairite traitor then you ARE in breach of it. How extraordinary that you can posture your physical ability to beat someone and not be in breach, BUT you can call someone a blairite traitor (after they have plotted and schemed outside of the accepted method of challenging a leader) and you ARE guilty.

ANY MEMBER WHO DOES NOT CONDEMN WHAT IS HAPPENING IS COMPLICIT. Evil flourishes when good men do nothing. The NEC cannot be entrusted with policing themselves on the disciplinary procedure. They have demonstrated that the rules are not sufficiently structured to ensure JUSTICE.

We demand that every member that is suspended or even just being subject to investigation is notified and IMMEDIATELY sent the so called evidence to support the suspension. AND each such member must also be given the right to name an Advocate to look after their interest and to ensure that the Party uses due process, carries out any investigation in a reasonable time frame, demonstrates respect for duty of care by responding to emails and letters and phone calls concerning the issue in a reasonable time frame. The full process must not be allowed to take months and months and months and months. If there is any situation that requires months that that should be obvious, and not like the thousands of situations of months in this `purge` months for each person. and many STILL WAITING. WOW.

2 thoughts on “Are YOU prepared to tolerate the abuse ther Party metes out to members?”

Ms Ella Rose defined something as anti-Semitic when it clearly was not (releasing information about her previous employment with the Israeli Embassy) and then threaten violence, this was witnessed by thousands. This seriously damages the Labour Party, but the Labour HQ subsequent action makes it even worse, they allow her to advise Labour members on how to identify and tackle anti-Semitism.

Can you imagine the damage such a decision has caused? No suspension, no sanction, is bad enough, but to be given such a sensitive role after demonstrating her lack of suitability is mind-boggling!

Ah but Ms Rose is no Corbyn supporter it seems. How her treatment by Mr McNicol and our NEC and Compliance team etc., contrasts with the manner in which Corbyn supporters are managed.

For instance the gentle, mature and intelligent anti-racist, the very person threatened by Ms Rose, Dr Jackie Walker, is suspended for months , prevented from any participation in the Party, and abused in public as a result of apparent JLM and Labour misplaced and dishonest vindictiveness being leaked to the media. I see nothing anti-Semitic in what Dr Walker, being herself Jewish, had said, which is even more of a concern seeing the role of the JLM also in training our CLP’s on anti-Semitism.

Of course we all to stamp out abuse, including anti- Semitism, but this seems more about selectively undermining support for Corbyn. Such apparent dishonesty means I cant trust our Labour HQ, individuals whether complicit or cowardly carry a huge responsibility for if members have lost their trust how can we expect voters to have confidence. Such manipulation of a very serious issues as anti-Semitism and abuse sctually discredit the genuine fight.

So stand up for justice and truth , those in Labour HQ , act on the Labour values I thought we shared before it is too late. agree with all you say Ben, thank goodness for Labour members like you and so many I have met here.

NOT GUILTY – I will not accept NEC `warning`

I have a number of friends who were Owen Smith supporters and who probably believed the hype about "nasty Corbyn supporters".

But when I got suspended they were genuinely shocked. I have had offers from them wanting to act as a character witness for me. Very sweet of them, but I have never done abuse.

Whilst waiting outside the B'ham hustings (I didn't get a ticket) while some were booing Owen Smith and calling him a traitor, I shook his hand and welcomed him and genuinely told him it was nice to meet him. It's who I am and how I am. At 55 I am hardly going to change now.

But that is not the same as "rolling over". Far from it. When I feel strongly about an injustice I do not let go. It is usually about other people, but this time I guess I am the one feeling oppressed!

One of Thousands

No Natural Justice.

No Due Process.

Rebecca:

I was suspended near to the end of the 2nd election campaign, just two days after I finally got an email vote and voted Corbyn!

I haven't had any explanation, and to be left like this in limbo, I consider an insult to all my efforts in supporting and working with Labour (mobilisation officer for In Campaign in my area) campaigning, attending meetings, standing up for Jeremy Corbyn as leader.

Just to be left like this, really hurts.

Conditions of Lifting Suspensions

In a further crass decision by the NEC they are now lifting suspensions by proclaiming a person guilty and giving them a WARNING and also informing members that `it will be left on file for future reference`!

It is disturbing that the L.P. have zero respect for due process and natural justice.

We have dozens of people who have been sent no evidence of their alleged crime, given no right of reply - and yet the NEC act as a combined judge jury and executioner.

NO CHECKS NO BALANCES

Suspended for FOUR MONTHS for a tweet that was not abusive and most definitely fair comment:

Addressed to one of the resigning MPs, the text was: '@RhonddaBryant Thanks for the long pompous resignation letter. If only you could shit outside the tent instead of in it! Bye'.

Now 4 months later they receive this:

"I am pleased to inform you that your administrative suspension from the Labour Party has been lifted and that you are now free to resume active membership. You were suspended following posts you allegedly wrote on Social Media which may have caused offence to some members.

The NEC has since taken into account the wider context in which your comments were made and has seen fit to lift your suspension with immediate effect. We welcome you back to full membership of the Party".

I think it is crucial to demand an apology. This should, at most , have been put in a file to issue a possible warning (and then dismissed) - certainly not instant suspension for abuse.

Unacceptable ‘un-suspension’ letter

Philip William:

I got my ‘un-suspension’ letter today :

I was suspended on a whim for something that was obviously not worth a suspension, but which could serve as a useful pretext to remove a Corbyn supporter’s vote from him? They cashed my £10.00 cheque for my SAR a couple of weeks ago, so I hope this will shed more light when it eventually comes through. Iain McNichol ‘welcome[s me] back to full membership of the Party’. I’ll bet he does as well!

I am fuming that this was quite obviously a trumped up charge that some over enthusiastic compliance officer has just acted on without due care. I’ve missed the leadership election, my branch meetings and my CLP AGM as a result of this suspension. It doesn’t even say what the allegation is. I cannot WAIT for my SAR to come through. They cashed the cheque a couple of weeks ago so they had better send me one.

I’ve missed the leadership election, my branch meetings and my CLP AGM as a result of this suspension. It doesn’t even say what the allegation is. I cannot WAIT for my SAR to come through. They cashed the cheque a couple of weeks ago so they had better send me one.

Philip William`s ‘un-suspension’ letter

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THE NEC and McNicol must be called to Book NOW – such gross incompetence and injustice evidenced, and yet STILL they continue

One extraordinary illustration of the incompetence and unfairness overseen by Iain McNicol is a case where a member was purged because of a retweet ... BUT McNicol hadn`t even bothered to check the identity of the person.

Someone obviously had searched twitter for the person`s name to find something to report him for. AND they found someone of that name and reported him and he was purged. BUT it wasn`t him, it was an American of the same name.

So, maybe you think that`s a one off, and is the worse it can get? NOPE. Today we learnt of someone who was suspended for allegedly `paying for a vote`!

Now no-one paid for a vote anyway but what makes this extra extraordinary is that this person knew nothing about the offer to pay for people`s groceries.

Guess what - they lifted his suspension BUT they have given him a Warning and `case left on file`!